MURUGAN AND OTHERS Vs. KESAVA GOUNDER

JUDGEMENT

(1.) This is the plaintiff's appeal challenging the judgment of Madras High Court dismissing the second appeal filed by the plaintiffs-appellants.

(2.) Brief facts of the case are:-

(3.) Shri V. Prabhakar, learned counsel for the appellants in support of the appeal contends that Article 60 of the Limitation Act shall not apply and the suit was rightly held to be governed by Article 65 by the trial court, which was well within time. It is submitted that the option to repudiate the action on behalf of the minor having been exercised by mother of the minor, the sale deed executed by Balaraman become void from its inception. Sale deeds executed by Balaraman were without permission of the Court and were without legal necessity, hence was rightly repudiated by his mother Lakshmi Ammal. On the strength of repudiation of the alienation by Lakshmi Ammal, the sale deeds become void and there was no necessity for praying for setting aside the sale deeds and suit for declaration and possession was fully maintainable. Article 60 would have been applicable only if the suit was filed for setting aside the sale deeds.